Australian Constitution Let down

A quick scribble to open debate

The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates.

Royal Assent was given by Queen Victoria on 9 July 1900, upon which date the Constitution became law. It came into force on 1 January 1901. Even though the Constitution was originally given legal force by an Act of the United Kingdom parliament, the Australia Act 1986 removed the power of the United Kingdom parliament to change the Constitution, and only the Australian people can amend it (by referendum).

Under Australia’s common law system, the High Court of Australia and the Federal Court of Australia have the authority to interpret constitutional provisions.[1] Their decisions determine the interpretation and application of the constitution.

So when we as citizens of this fine country consider what democracy is all about, we find what little protections we have with in the Constitution of 1901, and any changes determined by we the people by way of referendum.

The Constitution does not award we the people any rights, but rather entitlements, like that of the right to vote “directly chosen by the people of the state” & “each elector shall vote only once” says the constitution when it makes mention of the election of a representative.

Section 10 makes the whole process rather simple, with the election of senators and house of representatives very much the same, ie’ state and federal elections to mimic each other,  so how are these representatives elected, and what must they do on our behalf is a very good question.

Section 42 Every senator and every member of the House of Representatives shall before taking his seat make and subscribe before the Governor‑General, or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.

The chedule is very clear…..I, ———– , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. SO HELP ME GOD!

Funnily enough (or not), in a very well known High Court case, 1 of many “Sue V’s Hill” the high court invalidated an elected member due to the fact they had duel citizenship (English and Australian passports) because she could not hold office as she had pledged allegiance to a foreign power (England) think about it.

Note; Gillard and Rudd both refused to take the oath as prescribed

SECT 44 Disqualification  Any person who:

(i)                 is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power.

Section 46;  Until the Parliament otherwise provides, any person declared by this Constitution to be incapable of sitting as a senator or as a member of the House of Representatives shall, for every day on which he so sits, be liable to pay the sum of one hundred pounds to any person who sues for it in any court of competent jurisdiction.

So do we all sue very elected member or just Rudd and Gillard, and exactly how much would 100 pounds work out allowing for current increases since 1901, section 3 awards the govenor 10,000 pounds in 1901, so we could work it out based on the governors current annual salary could we not.

HHmmm so you are disqualified if you pledge allegiance to a foreign power, but can not hold a seat unless you do, does that mean we have no valid members of parliament of either houses since 1901?

If one looks for proof that the Constitution and any protections we thought we had under it are no longer valid, it dosent take a brilliant man to look further,.

Section 109 When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

The Commonwealth National measurements Act, would invalidate any speed measuring devise of the states, as the devises used can not comply to the national Act, yet we all pay our fines do we not?

Section 100; The Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation.

Need I question section 100 for any South Australian?

Section 116; The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

We are slowly being forced to accept Halal food stocks in Australia, albeit unwillingly for most, section 116 makes it clear “The Commonwealth shall NOT make law for imposing religious observance” and I choose not to eat Halal food stocks, but how many have looked at how much of our produce is already Halal? Over 70% of chicken let alone 70% of supermarket isle food.

In 1988 from memory, the Australian public was asked by Referendum, whether they wished to recognize local government, and it was voted down.

We are now told by local government how much we should pay on Our land value, where we can park, conduct business, erect signs, and a variety of other by laws enacted on a regular basis, so are even the results of referendums constitutionally valid, or is the constitution simply no longer valid in its entirety, and if so do we no longer even have entitlements?

Must attend to vote, Must have a preference for candidate you do not know or oppose if your vote is to count, and the whole 2 party preferred system of government are not found in the constitution, in fact as aforementioned, we must vote only once, yet that vote can be moved on many times by laws that over ride our one simple entitlement, when did we vote for that change?

Amazingly our governments have gone so far with their manipulation of our electoral system, regardless of the conduct an entire election cannot be deemed void under any circumstances what so ever.

So Are We Protected by the Constitution?  Doe we have any rights? And are those that determine our future doing so as the result of the free will of an informed electorate? No Bloody Chance.

Mark M Aldridge


08 82847482 / 0403379500


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